Australian Amalgamated Terminals Pty Ltd trading as Australian Amalgamated Terminals Pty Ltd (AAT) Summary

[2025] FWCA 2076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Amalgamated Terminals Pty Ltd trading as Australian Amalgamated Terminals Pty Ltd (AAT)

(AG2025/1805)

AUSTRALIAN AMALGAMATED TERMINALS PTY LTD ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER YILMAZ	MELBOURNE, 25 JUNE 2025

Application for approval of the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Amalgamated Terminals Pty Ltd trading as Australian Amalgamated Terminals Pty Ltd (AAT). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 16.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 2 July 2025. The nominal expiry date of the Agreement is 21 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Amalgamated Terminals Pty Ltd trading as Australian Amalgamated Terminals Pty Ltd (AAT), sought approval of its proposed enterprise agreement, the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2025. The applicant's employees were represented by the Maritime Union of Australia. The dispute came before the Fair Work Commission, where the primary issue was whether the proposed agreement met the requirements of section 233 of the Fair Work Act 2009 (Cth) in terms of procedural fairness and whether it provided for fair and reasonable terms and conditions. The Commission also had to consider whether the agreement was in the best interests of the employees and the broader public interest.

The Commission first examined the process by which the agreement was negotiated and whether it was conducted fairly and in good faith. The applicant argued that the process was transparent and involved adequate consultation with the union. The Commission found that the process was generally fair and in line with the principles of procedural fairness. The Commission then considered the substantive terms and conditions of the agreement, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission determined that the proposed agreement provided for fair and reasonable terms and conditions, taking into account the economic climate and industry standards.

Based on its findings, the Commission approved the proposed enterprise agreement. The Commission noted that the agreement contained provisions that were in the best interests of the employees and the broader public interest, such as provisions for workplace health and safety and training and development opportunities. The Commission also found that the agreement did not contain any terms that were contrary to the public interest. The Commission's decision was based on the evidence presented and the legal principles applicable to enterprise agreements under the Fair Work Act.

The Commission approved the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2025, subject to certain conditions and modifications. The applicant was required to provide certain information to the Commission within specified timeframes and to ensure that the agreement was properly implemented. The union and the applicant were also required to notify the Commission of any variations to the agreement. The decision provides certainty for both the applicant and its employees and ensures that the agreement meets the legal requirements under the Fair Work Act.

Australian Amalgamated Terminals Pty Ltd trading as Australian Amalgamated Terminals Pty Ltd (AAT)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established